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Alan M. Winchester

Member

He/Him/His
awinchester@harrisbeachmurtha.com
D: (212) 313-5403  
- New York, NY Office
- Rochester, NY Office
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Alan Winchester
Profile
Representative Matters
Resources
Distinctions

Alan is a cybersecurity and data privacy attorney who works with companies to develop new and innovative ways to collect, share, use and safeguard the information they control. This includes assisting with website and application development involving tracking technologies, cookies, data collection, storage and use.

Alan also works with clients to develop internal programs which comply with applicable security and privacy regulations; drafting data use, transference and data use or sharing agreements; ensuring that data subject privacy notices on websites and applications that collect consumer information comply with all applicable regulations; and working with companies to implement processes and procedures to comply with information requests from data subjects.

Alan also works with companies seeking to merge publicly available information with information voluntarily provided by data subjects to develop new and useful insights that drive better products and services for these organizations, while also developing strategy around managing the privacy issues raised by this practice.

The specific regulations he addresses most frequently are federal laws such as DFARS/CMMC, Sarbanes Oxley, HIPAA, and FERPA; international laws such as Europe’s GDPR or PEPIDA; U.S. state laws such as California’s CCPA/CPRA, Colorado’s CPA, and Virginia’s VCDPA; and the laws involving regulators such as New York’s Department of Financial Services, Department of Defense and the Office of Human Rights. In addition to these regulations, Alan also helps companies seeking certifications such as SOC2, ISO 27001 or NIST.

Alan frequently works with companies adopting Artificial Intelligence into operations and helps them navigate the legal, ethical, regulatory and business challenges raised by AI so they can innovate safely and with confidence.

Security and privacy practices can, and do, fail. Alan helps organizations plan for this with table-top exercises around such common incidents as ransomware, compromised email accounts or a breach involving a vendor that provides services to your accounts. When organizations do suffer an event, Alan helps with the incident response. He routinely works with forensic consultants to help identify, scope, mitigate and remediate the effects of a breach and with negotiators to address ransom demands; provides opinions and draft notices to affected individuals and customers; represents clients appearing before regulators; and handles claims where the incident involves a breach of a contractual duty concerning how the data was intended to be managed.

With a Bachelor of Science in Computers and his legal background, Alan understands both the technology and legal requirements associated with security and privacy incidents, communicates these issues to relevant stakeholders and achieves a fast resolution to any dispute.

Areas of focus: Cybersecurity, data privacy agreements, breach coaching, artificial intelligence, development of policies and procedures to help organizations make the most of the information they control.

Information Governance

Alan works with organizations to develop information governance policies. This includes preparing organizations for a potential regulatory or legal action, developing policies to safeguard important business transactions, and helping organizations comply with government and industry standards when developing best practices to manage and retain documents. Alan also assists organizations with information management relating to the development of document management strategies, retention policies and the development of disaster recovery plans.

E-Discovery

Alan is experienced in all phases of the electronic discovery process. He and his group, which includes forensically trained IT professionals, routinely help organizations with the identification and preservation of potentially relevant content, as well as collecting, reviewing and producing it for the requesting party. He is a pioneer in the use of predictive coding to cost-effectively and quickly identify responsive documents for early case assessment and review purposes. He has been lecturing and writing on this subject for several years. He also has developed sampling methods used to test key word searches and to validate coding decisions.

Pharmaceutical and Medical Device Defense

In the tort arena, Alan focuses his practice primarily on litigation involving technology and pharmaceutical products. He has defended manufacturers of chemical or pharmaceutical products in products liability claims brought as class actions, multi-district litigation and statewide consolidations, or as individual suits involving cancer, cardiac and pulmonary defects, birth defects and other systemic injuries. He has also acted as national counsel, local counsel and science counsel for numerous companies.

Artificial Intelligence

  • Drafted privacy policies, terms of use and cross-border data transfer for AI systems that use, store and potentially share sensitive personally identifying information.
  • Developed terms of use and data sharing agreements to allow one company to use the information stored by one AI platform to train another company’s AI technology.
  • Developed user consent and waivers for AI training technology that could be intense or disturbing.
  • Developed HIPAA consent for AI translation services used to facilitate conversations with non-native speaking patients.
  • Developed security plans for organizations that process sensitive sensitive personally identifying information using generative AI.

Data Breaches

  • We have handled breaches for towns, municipalities, and businesses – including HIPAA covered entities, energy providers and federally regulated banks.

Data Privacy and Security Programs, Web Privacy Policies  

  • Harris Beach Murtha has helped organizations from all industry sectors to implement data privacy and security programs that comply with New York Shield Law, California’s data privacy laws and the many additional privacy laws being developed in each state. This work also includes developing Web Privacy policies that balance the reporting and disclosure requirements with the flexibility to effectively use data collected from data subjects in the future. This is especially important for companies that want to allow for the possibility to merge into other organizations or be sold or acquired.
  • Successfully resolved complaint made against U.S.-based business by Data Subject to the UK Data Protection Authority (the ICO) under the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (the GDPR).
  • Drafted and revised Data Protection Agreements and Policies and Procedures for multiple businesses to reflect compliance obligations under the GDPR, the New York Department of Financial Services Cybersecurity Regulation (23 NYCRR 500), and other regulations governing data transfers, data privacy, and cybersecurity.
  • Defended multi-site healthcare provider in data breach/HIPAA violation action.

Defense Contractors   

  • We have worked with many defense contractors to define policies and controls to support DFARS and NIST 171 security compliance.  We are now working with many of these companies to implement programs that comply with the new CMMC security standard so they may certify to the level required for the contracts they desire.

Education   

  • Harris Beach Murtha has developed privacy policies for many of New York’s school districts that comply with the new cybersecurity and data privacy regulation promulgated to support New York’s Education Law 2D as well as the federal standard, FERPA.

Energy

  • Assisting energy sector companies in events where one or more individuals from outside of the organization obtained access to: email systems; file servers and data bases without authorization. Harris Beach Murtha helped these companies with the initial investigation by retaining and directing forensic investigators to identify the root cause and scope of these events. The firm then assists its clients with their legal and contractual breach notification obligations and improving their security plan to reduce the risk of these events from occurring again.
  • Harris Beach Murtha is currently working with an IT security vendor to develop and implement a standard system security plan and set of controls for use in energy power plants for both operation technology and for informational technology. These will ultimately be implemented in over 70 power plants.
  • Harris Beach Murtha is working with a large regional reseller of energy products to develop a system security plan for the processing of Payment Cards and individual privacy requirements for all the states that company is currently operating within.
  • Harris Beach Murtha has assisted its energy clients with drafting data sharing and transfer agreements to allow the transfer of data between the United States, Canada and the European Union.
  • Harris Beach Murtha is working with some of its major utility clients with cybersecurity matters involving federal and state agencies. This includes compliance with New York State’s Department of Financial Services.

Financial Institutions   

  • The firm has worked with insurance carriers, financial institutions and brokers to comply with Sarbanes Oxley, Gramm Leach Bliley, New York State Department of Financial Services, Federal Trade Commission, and Federal Communication Commission data protection and privacy rules.
  • Represented clients before the DFS

Health Care  

  • We have worked with several hospitals and health care systems, nursing and assisted living centers and insurers to develop system security plans that comply with HIPAA, CMS Medicaid data and NY State’s OHIP data protection standard.
  • Performed HIPAA cyber assessments and audits

Additional Legal Representation    

  • Discovery counsel for a major pharmaceutical drug subject to recall due to concerns about the manufacturing process.
  • Discovery counsel to defendants in complex federal court matters in the implementation of litigation holds and good faith compliance with obligations for disclosure of Electronically Stored Information (ESI) under the revised Federal Rules.
  • Document counsel to an entity involved in a significant Department of Justice investigation.
  • Regulatory and compliance counsel to national health care insurer seeking to develop document retention plans that incorporate ESI.
  • Regulatory and compliance counsel to quasi-governmental agencies seeking counseling on record retention strategies for ESI.
  • Risk assessment counsel to multiple international pharmaceutical companies seeking prelaunch evaluations of their products.
  • National counsel of a manufacturer of devices and pharmaceuticals used in dentistry.
  • Counsel to a company involving the theft of intellectual property through its computer systems by a competitor.
  • Counseling companies which maintain credit card information on the requirement of PCI data security standards.
  • Discovery counsel to a compounding pharmacy facing criminal and civil liability associated with allegedly contaminated pharmaceuticals.
  • Regional counsel to a sporting goods and toy manufacturer for product liability and Consumer Products Safety Commission claims.
Insights
July 1, 2026

California CIPA Demand Letters: What Businesses Need to Know and Do

We provide a step-by-step plan for responding to these demand letters.
September 26, 2025

Harris Beach Murtha Helps Hospitals Comply with New Cybersecurity Rules

Oct. 2 is the deadline for New York hospitals and health care systems to comply with new cybersecurity regulations.
August 5, 2025

NY Municipalities, Public Authorities Must Report Cybersecurity Incidents

Municipalities should review incident response plans and incident log templates to ensure all issues required for disclosure are addressed.
March 14, 2025

Generative AI Browser Extensions and Plug-ins: A Security and Privacy Challenge

These tools seldom discriminate and have voracious appetites for information. And that presents security and privacy challenges.
February 27, 2025

May 1 Deadline for Amendments to NY Department of Financial Services Cybersecurity Standard

All regulated financial entities without a full exception must comply.
October 17, 2024

NY Department of Financial Services Issues AI Cybersecurity Guidance

The New York Department of Financial Services (DFS) has issued guidance, in the form of an industry letter, on addressing cybersecurity risk
September 27, 2024

New Rule Requires Defense Contractors to Meet Cybersecurity Standards

Department of Defense to institute security standards requiring vendors to be certified to certain levels before they can bid on contracts.
March 6, 2024

Ransomware Attack Affects Millions, New York Hospitals and Pharmacies

A ransomware attacks millions of health care patients and New York hospital and pharmacies that hold all of their patients’ records.
News
September 29, 2026

41 Harris Beach Murtha Attorneys Selected to 2026 Upstate New York Super Lawyers® and Super Lawyers: Rising Stars® Lists

The list recognizes accomplished attorneys who have achieved a high degree of peer recognition and professional achievement.
December 9, 2025

Harris Beach Murtha’s New AI Team Makes Headlines

See how the media covered our launch of an Artificial Intelligence Industry Team.
December 2, 2025

Harris Beach Murtha Launches Artificial Intelligence Industry Team

As AI becomes more prevalent, the risks associated with it present challenges.
November 7, 2025

Alan Winchester’s Article on Privacy Law Published in Hartford Business Journal

In the past month, Alan has appeared in Long Island Business News, amNY Law and Rochester Business Journal.
November 4, 2025

Attorney Alan M. Winchester Quoted in Long Island Business News Cybersecurity Article

“The best defense is a workforce that knows how to spot risk. The technology is evolving faster than human behavior.”
October 20, 2025

Cybersecurity Attorney Makes Several Media Appearances

Alan is sought after for his knowledge and experience in best practices for safeguarding data and complying with cybersecurity regulations.
October 13, 2025

Alan M. Winchester Featured in Long Island Business News Articles on Cybersecurity

Alan leads the firm’s Cybersecurity Protection and Response Practice Group.
September 29, 2025

36 Harris Beach Murtha Attorneys Selected to 2025 Upstate New York Super Lawyers® and Super Lawyers: Rising Stars® Lists

Super Lawyers is a national ranking service of accomplished attorneys who have achieved a high degree of professional achievement.
Events

Alan Winchester to Present CLE on GenAI Cyber Risk

January 22, 2026
Harris Beach Murtha’s Alan Winchester will present a virtual CLE on GenAI for In-House Connect.

Alan Winchester Presenting at CSI’s 10th Annual Cybersecurity & Data Privacy Summit

December 3, 2025
Alan Winchester will discuss cybersecurity insights at CSI’s 10th Annual Cybersecurity & Data Privacy Summit.

Harris Beach Murtha Partners Join Panel for New York State Bar Association CLE on Video Game Law

November 13, 2025
Brendan Palfreyman and Alan Winchester Join Panel for Video Game Law CLE.

Alan Winchester and Taruna Garg to Present at the 29th Annual CRBBA and CNYBBA Bankruptcy Conference

November 7, 2025

Alan Winchester to Present LexMundi Global Data Privacy Webinar: A Deep Dive into Europe, North America and Africa

September 23, 2025

Alan Winchester to Present CLE on Critical First Steps to Take When Breaches Happen

February 5, 2025
Cybersecurity and data privacy attorney Alan Winchester will present a virtual CLE for the Association of Corporate Counsel.

Alan Winchester to Present CLE on Data Privacy and Cybersecurity Best Practices

December 11, 2024
Harris Beach cybersecurity and data privacy attorney Alan Winchester will present a virtual CLE for the Association of Corporate Counsel of

Alan Winchester and Promenet, Inc. to Present Webinar on Cybersecurity/Data Privacy Standard of Care

June 4, 2024
Alan Winchester to present “Cybersecurity/Data Privacy Standard of Care: Why All Schools Should Consider State and Federal Requirements.
External Publications

Professional and Civic

  • Harley School, member
  • ISACA, member

Recognition

  • Super Lawyers, Technology Transactions, since 2025
  • Legal 500 City Elite, New York – Cybersecurity, 2026
  • Super Lawyers, E-Discovery and Personal Injury – Products: Defense, 2014-2019,
Admissions
New YorkU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Southern District
Education

Brooklyn Law School

JD 
1989

Trinity College

BS 
1986

Capabilities

Legal Practices

Leader for:

Cybersecurity Protection and Response

Member of:

Business Litigation
Cybersecurity Protection and Response

Industry Teams

Member of:

Artificial Intelligence
Health Care
Real Estate Developers
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Attorney Advertising. Prior results do not guarantee a similar outcome. © 2025 Harris Beach Murtha Cullina PLLC

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Alan Winchester

Alan M. Winchester

Member

awinchester@harrisbeachmurtha.com
Capabilities
People
Harris Beach Murtha Attorneys at Law
Alan Winchester

Alan M. Winchester

awinchester@harrisbeachmurtha.com
D: (212) 313-5403
New York, NY Office
Rochester, NY Office

Profile

Alan is a cybersecurity and data privacy attorney who works with companies to develop new and innovative ways to collect, share, use and safeguard the information they control. This includes assisting with website and application development involving tracking technologies, cookies, data collection, storage and use.

Alan also works with clients to develop internal programs which comply with applicable security and privacy regulations; drafting data use, transference and data use or sharing agreements; ensuring that data subject privacy notices on websites and applications that collect consumer information comply with all applicable regulations; and working with companies to implement processes and procedures to comply with information requests from data subjects.

Alan also works with companies seeking to merge publicly available information with information voluntarily provided by data subjects to develop new and useful insights that drive better products and services for these organizations, while also developing strategy around managing the privacy issues raised by this practice.

The specific regulations he addresses most frequently are federal laws such as DFARS/CMMC, Sarbanes Oxley, HIPAA, and FERPA; international laws such as Europe’s GDPR or PEPIDA; U.S. state laws such as California’s CCPA/CPRA, Colorado’s CPA, and Virginia’s VCDPA; and the laws involving regulators such as New York's Department of Financial Services, Department of Defense and the Office of Human Rights. In addition to these regulations, Alan also helps companies seeking certifications such as SOC2, ISO 27001 or NIST.

Alan frequently works with companies adopting Artificial Intelligence into operations and helps them navigate the legal, ethical, regulatory and business challenges raised by AI so they can innovate safely and with confidence.

Security and privacy practices can, and do, fail. Alan helps organizations plan for this with table-top exercises around such common incidents as ransomware, compromised email accounts or a breach involving a vendor that provides services to your accounts. When organizations do suffer an event, Alan helps with the incident response. He routinely works with forensic consultants to help identify, scope, mitigate and remediate the effects of a breach and with negotiators to address ransom demands; provides opinions and draft notices to affected individuals and customers; represents clients appearing before regulators; and handles claims where the incident involves a breach of a contractual duty concerning how the data was intended to be managed.

With a Bachelor of Science in Computers and his legal background, Alan understands both the technology and legal requirements associated with security and privacy incidents, communicates these issues to relevant stakeholders and achieves a fast resolution to any dispute.

Areas of focus: Cybersecurity, data privacy agreements, breach coaching, artificial intelligence, development of policies and procedures to help organizations make the most of the information they control.

Information Governance

Alan works with organizations to develop information governance policies. This includes preparing organizations for a potential regulatory or legal action, developing policies to safeguard important business transactions, and helping organizations comply with government and industry standards when developing best practices to manage and retain documents. Alan also assists organizations with information management relating to the development of document management strategies, retention policies and the development of disaster recovery plans.

E-Discovery

Alan is experienced in all phases of the electronic discovery process. He and his group, which includes forensically trained IT professionals, routinely help organizations with the identification and preservation of potentially relevant content, as well as collecting, reviewing and producing it for the requesting party. He is a pioneer in the use of predictive coding to cost-effectively and quickly identify responsive documents for early case assessment and review purposes. He has been lecturing and writing on this subject for several years. He also has developed sampling methods used to test key word searches and to validate coding decisions.

Pharmaceutical and Medical Device Defense

In the tort arena, Alan focuses his practice primarily on litigation involving technology and pharmaceutical products. He has defended manufacturers of chemical or pharmaceutical products in products liability claims brought as class actions, multi-district litigation and statewide consolidations, or as individual suits involving cancer, cardiac and pulmonary defects, birth defects and other systemic injuries. He has also acted as national counsel, local counsel and science counsel for numerous companies.

Areas of Expertise

Legal Practices

Leader for:

Cybersecurity Protection and Response

Member of:

Business Litigation
Cybersecurity Protection and Response

Industry Teams

Member of:

Artificial Intelligence
Health Care
Real Estate Developers

Focuses

Please select listing to show.

Admissions

New YorkU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Southern District

Representative Matters

Artificial Intelligence

  • Drafted privacy policies, terms of use and cross-border data transfer for AI systems that use, store and potentially share sensitive personally identifying information.
  • Developed terms of use and data sharing agreements to allow one company to use the information stored by one AI platform to train another company’s AI technology.
  • Developed user consent and waivers for AI training technology that could be intense or disturbing.
  • Developed HIPAA consent for AI translation services used to facilitate conversations with non-native speaking patients.
  • Developed security plans for organizations that process sensitive sensitive personally identifying information using generative AI.

Data Breaches

  • We have handled breaches for towns, municipalities, and businesses – including HIPAA covered entities, energy providers and federally regulated banks.

Data Privacy and Security Programs, Web Privacy Policies  

  • Harris Beach Murtha has helped organizations from all industry sectors to implement data privacy and security programs that comply with New York Shield Law, California’s data privacy laws and the many additional privacy laws being developed in each state. This work also includes developing Web Privacy policies that balance the reporting and disclosure requirements with the flexibility to effectively use data collected from data subjects in the future. This is especially important for companies that want to allow for the possibility to merge into other organizations or be sold or acquired.
  • Successfully resolved complaint made against U.S.-based business by Data Subject to the UK Data Protection Authority (the ICO) under the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (the GDPR).
  • Drafted and revised Data Protection Agreements and Policies and Procedures for multiple businesses to reflect compliance obligations under the GDPR, the New York Department of Financial Services Cybersecurity Regulation (23 NYCRR 500), and other regulations governing data transfers, data privacy, and cybersecurity.
  • Defended multi-site healthcare provider in data breach/HIPAA violation action.

Defense Contractors   

  • We have worked with many defense contractors to define policies and controls to support DFARS and NIST 171 security compliance.  We are now working with many of these companies to implement programs that comply with the new CMMC security standard so they may certify to the level required for the contracts they desire.

Education   

  • Harris Beach Murtha has developed privacy policies for many of New York’s school districts that comply with the new cybersecurity and data privacy regulation promulgated to support New York’s Education Law 2D as well as the federal standard, FERPA.

Energy

  • Assisting energy sector companies in events where one or more individuals from outside of the organization obtained access to: email systems; file servers and data bases without authorization. Harris Beach Murtha helped these companies with the initial investigation by retaining and directing forensic investigators to identify the root cause and scope of these events. The firm then assists its clients with their legal and contractual breach notification obligations and improving their security plan to reduce the risk of these events from occurring again.
  • Harris Beach Murtha is currently working with an IT security vendor to develop and implement a standard system security plan and set of controls for use in energy power plants for both operation technology and for informational technology. These will ultimately be implemented in over 70 power plants.
  • Harris Beach Murtha is working with a large regional reseller of energy products to develop a system security plan for the processing of Payment Cards and individual privacy requirements for all the states that company is currently operating within.
  • Harris Beach Murtha has assisted its energy clients with drafting data sharing and transfer agreements to allow the transfer of data between the United States, Canada and the European Union.
  • Harris Beach Murtha is working with some of its major utility clients with cybersecurity matters involving federal and state agencies. This includes compliance with New York State’s Department of Financial Services.

Financial Institutions   

  • The firm has worked with insurance carriers, financial institutions and brokers to comply with Sarbanes Oxley, Gramm Leach Bliley, New York State Department of Financial Services, Federal Trade Commission, and Federal Communication Commission data protection and privacy rules.
  • Represented clients before the DFS

Health Care  

  • We have worked with several hospitals and health care systems, nursing and assisted living centers and insurers to develop system security plans that comply with HIPAA, CMS Medicaid data and NY State’s OHIP data protection standard.
  • Performed HIPAA cyber assessments and audits

Additional Legal Representation    

  • Discovery counsel for a major pharmaceutical drug subject to recall due to concerns about the manufacturing process.
  • Discovery counsel to defendants in complex federal court matters in the implementation of litigation holds and good faith compliance with obligations for disclosure of Electronically Stored Information (ESI) under the revised Federal Rules.
  • Document counsel to an entity involved in a significant Department of Justice investigation.
  • Regulatory and compliance counsel to national health care insurer seeking to develop document retention plans that incorporate ESI.
  • Regulatory and compliance counsel to quasi-governmental agencies seeking counseling on record retention strategies for ESI.
  • Risk assessment counsel to multiple international pharmaceutical companies seeking prelaunch evaluations of their products.
  • National counsel of a manufacturer of devices and pharmaceuticals used in dentistry.
  • Counsel to a company involving the theft of intellectual property through its computer systems by a competitor.
  • Counseling companies which maintain credit card information on the requirement of PCI data security standards.
  • Discovery counsel to a compounding pharmacy facing criminal and civil liability associated with allegedly contaminated pharmaceuticals.
  • Regional counsel to a sporting goods and toy manufacturer for product liability and Consumer Products Safety Commission claims.

Distinctions

Professional and Civic

  • Harley School, member
  • ISACA, member

Recognition

  • Super Lawyers, Technology Transactions, since 2025
  • Legal 500 City Elite, New York – Cybersecurity, 2026
  • Super Lawyers, E-Discovery and Personal Injury – Products: Defense, 2014-2019,
Attorney Advertising. Prior results do not guarantee a similar outcome. © 2026 Harris Beach Murtha Cullina PLLC
Content current as of October 13, 2026 2:53 am